State of Oregon v. Kuhnhausen

On Rehearing

BRAND, J.

The respondent State of Oregon has moved for a rehearing. In its supporting brief the state presents for our consideration certain propositions not found in its original brief. We granted the rehearing and have reconsidered the case on the merits. In its original opinion this court found it necessary to consider *507only the defendant’s assignment of error No. 1 which reads as follows:

“The Court erred in denying the motions for dismissal of the indictment on the grounds that the same was not tried in the next term of Court from whence the cause was commenced and that there…